[R.O. 2010 §215.390; CC 1970 §18A-1; Ord. No. 21-87 §1, 7-6-1987]
This Article shall be known and may be cited as the "Obscenity Code."
[R.O. 2010 §215.400; CC 1970 §18A-2; Ord. No. 21-87 §2, 7-6-1987]
The provisions of this Article shall apply to the incorporated area of the City of Glendale.
[R.O. 2010 §215.410; CC 1970 §18A-3; Ord. No. 21-87 §3, 7-6-1987; Ord No. 3-89 §1, 2-21-89]
As used in this Article, the following definitions apply unless the context clearly indicates another meaning:
To issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.
That quality of any description or representation, in whatever form, of nudity, sexual conduct or sexual excitement when it:
Predominately appeals to the prurient interest of minors, in sex; and
Is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
Considered as a whole lacks serious literary, artistic, political or scientific value for minors.
Having general knowledge of, or reason to know, or a ground for belief which warrants further inspection or inquiry concerning:
Anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any statue or other figure, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or anything which is or may be used as a means of communication. "Material" includes undeveloped photographs, molds, printing plates and other latent representational objects.
Any person under the age of eighteen (18) years.
The showing of the human genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
Any material or performance is obscene if:
The average person, applying contemporary adult community standards, would find that, taken as a whole, the material or performance appeals to the prurient interest in sex; and
The average person, applying contemporary adult community standards, would find that, taken as a whole, the material or performance depicts, describes or portrays in a patently offensive way, human sexual intercourse, sodomy, bestiality, oral copulation, masturbation, urinary and defecatory functions, sadism, masochism, sadomasochistic abuse, lewd exhibition of the genitals or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone, or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification; and
The reasonable person, when taking the material or performance as a whole, would find that it lacks serious social, literary, artistic, political or scientific value.
Any play, motion picture, film, videotape, dance or other exhibition performed before an audience.
Any natural person, firm, partnership, co-partnership, association or corporation of any kind.
To manufacture, issue, sell, rent, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do any of the aforementioned.
Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
Acts that depict, describe or portray in a patently offensive manner sexual intercourse, sodomy, bestiality, oral copulation, masturbation, urinary and defecatory functions, sadism, masochism, sado-masochistic abuse, lewd exhibition of the genital or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone, or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
The condition of human genitals when in a state of sexual arousal.
[R.O. 2010 §215.420; CC 1970 §18A-4; Ord. No. 21-87 §4, 7-6-1987]
It shall be unlawful for any person for monetary consideration to knowingly promote any obscene material or to advertise, give notice or supply information where, how, of whom, or by what means possession, control or use can be obtained of any obscene material. However, nothing in the preceding sentence of this Section shall be construed to include to manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purposes of resale.
[R.O. 2010 §215.430; CC 1970 §18A-5; Ord. No. 21-87 §5, 7-6-1987]
No person shall for monetary consideration knowingly produce, manufacture, rent or lease, present, exhibit, show or otherwise display, or assist in any way to produce, manufacture, present, exhibit, show, or otherwise display an obscene performance or engage another to do so; nor shall any person for monetary consideration knowingly participate as a director, player, performer, actor or artist in any obscene performance.
[R.O. 2010 §215.440; CC 1970 §18A-6; Ord. No. 21-87 §6, 7-6-1987]
It shall be unlawful for any person knowingly to furnish to a minor materials, as defined herein, which are harmful to minors.
[R.O. 2010 §215.450; CC 1970 §18A-7; Ord. No. 21-87 §7, 7-6-1987]
It shall be unlawful for any person knowingly to exhibit to a minor, or knowingly to sell to a minor an admission ticket or pass, or knowingly to admit a minor to premises whereon there is exhibited a performance, as defined herein, which is harmful to minors, if the minor is unaccompanied by his/her parent or lawful guardian.
[R.O. 2010 §215.470; CC 1970 §18A-9; Ord. No. 21-87 §9, 7-6-1987; Ord. No. 13-02 §2, 9-16-2002]
A.
Any person violating Sections 215.710 — 215.740 of this Article shall, upon conviction, be punished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for not more than ninety (90) days, or by both such fine and imprisonment.
B.
Any person, association, company, corporation or partnership of persons which is required pursuant to Section 605.020 of the Glendale City Code to obtain a license from the City of Glendale, who in the course of doing business for which the license was issued has been convicted of any violation of any Section of this Article, shall after the second (2nd) such conviction within two (2) calendar years from the first (1st) conviction have its license suspended for a period of thirty (30) days. Upon a third (3rd) conviction of a violation of any Section of this Article within three (3) years from the first (1st) conviction, the license of that person, association, company, corporation or partnership shall be revoked for a period of one (1) year, running from the date of said conviction.